ViaLink Terms of Service

Article 1 (Purpose)

The purpose of these Terms of Service (these “Terms”) is to set forth the rights, obligations, and responsibilities between Linpert, Inc., a Delaware corporation with its principal place of business in Wilmington, Delaware (the “Company”), and users, as well as other necessary matters, in connection with the use of the ViaLink service (the “Service”) operated by the Company.

Article 2 (Definitions)

The terms used in these Terms are defined as follows.

• “Service” means all features provided by the Company, including deep link creation and management, click redirection, deferred deep linking, event tracking, and attribution analytics.
• “User” means a member who uses the Service provided by the Company in accordance with these Terms.
• “Member” means a person or entity that has registered as a member by providing the information required by the Company and is able to continuously use the Service.
• “App” means an application unit registered by a User within the Service.
• “Deep Link” means a link that directs users to a specific screen or content within a mobile app.
• “API Key” means a unique identification key issued to a Member for use of the Service’s API.

Article 3 (Posting and Amendment of the Terms)

• The Company posts the contents of these Terms on the initial screen of the Service or on a linked page.
• The Company may amend these Terms at any time to reflect changes in the Service, its business operations, or applicable law.
• If the Company amends these Terms, it will announce the effective date and the reasons for the amendment, together with the then-current Terms, through notice within the Service or by email, at least seven (7) days before the effective date. However, for amendments materially adverse to users, the Company will provide notice at least thirty (30) days in advance.
• If a user does not agree to the amended Terms, the user may discontinue use of the Service and close its account before the effective date. Continued use of the Service on or after the effective date of the amended Terms shall be deemed acceptance of the amendments.

Article 4 (Order of Precedence; Entire Agreement)

• These Terms, together with the Company’s Privacy Policy and any order form, order confirmation, or separately executed written agreement between the Company and a Member (a “Separate Agreement”), constitute the entire agreement between the parties with respect to their subject matter.
• If there is any conflict between a Separate Agreement and these Terms, the Separate Agreement shall control unless it expressly provides otherwise.
• Any matter not addressed in these Terms shall be governed by applicable law and general commercial practice.
• To the extent the Company processes personal data of a Member’s end users on the Member’s behalf, and such processing is subject to the European Union or United Kingdom General Data Protection Regulation, the California Consumer Privacy Act, or other applicable data protection law, the Company’s Data Processing Agreement, available at vialink.app/dpa, is incorporated into and forms part of these Terms.

Article 5 (Formation of the Service Agreement)

• The service agreement is formed when a user agrees to these Terms, applies for membership, and the Company accepts such application.
• The Company may refuse to accept, or subsequently terminate, an application that falls under any of the following:
  • Use of a name other than the applicant’s own legal name, or impersonation of another person
  • Provision of false information, or failure to provide information required by the Company
  • Prior loss of membership status (except where the Company has approved re-registration)
  • Cases where provision of the Service is technically impossible

Article 6 (Change of Member Information)

Members may view and edit their information at any time through the account settings page. If any information provided at the time of registration changes, the Member must update it online or notify the Company of the change by email or other means.

Article 7 (Membership Withdrawal and Disqualification)

• A Member may request withdrawal from membership at any time, and the Company will process the withdrawal promptly.
• The Company may restrict or suspend membership if a Member falls under any of the following:
  • Registration of false information at the time of application
  • Interference with other users’ use of the Service or misappropriation of their information, or other acts that undermine the orderly operation of the Service
  • Use of the Service to engage in acts prohibited by law or by these Terms

Article 8 (Provision of the Service)

The Company provides the following services:

• Deep link creation and management (REST API, web dashboard)
• Click redirection and platform-specific routing (iOS, Android, desktop)
• Deferred deep linking (fingerprint-based matching)
• SDKs (Android, iOS, Web, React Native, Flutter, Unity)
• Click and event analytics dashboard
• Other services additionally developed by the Company or provided through partnerships

Article 9 (Change and Suspension of the Service)

• The Company may change the contents of the Service or add or remove features, and will provide prior notice of any material changes.
• The Company may temporarily restrict or suspend all or part of the Service in any of the following cases:
  • Maintenance, inspection, replacement, or breakdown of information and communications facilities such as computers, or interruption of communications
  • Force majeure events such as natural disasters, national emergencies, or power outages
  • Circumstances in which normal use of the Service is disrupted, such as a surge in service usage

Article 10 (User Obligations)

Users shall not engage in any of the following acts:

• Registering false information when applying for or changing membership
• Misappropriating another person’s information
• Altering information posted by the Company
• Transmitting or posting information (such as computer programs) other than information permitted by the Company
• Infringing the intellectual property rights, including copyrights, of the Company or third parties
• Defaming the Company or third parties, or interfering with their business
• Disrupting the stable operation of the Service (e.g., excessive API calls, DDoS attacks)
• Transferring or sharing an API Key with a third party
• Using the Service to distribute illegal content

Article 11 (Pricing Plans)

• Fees for the Service are subject to the pricing policy separately established by the Company. The pricing policy is available on the pricing page within the Service.
• The free plan (Free) will continue to be provided even after paid plans are introduced.

Article 13 (Company Obligations)

• The Company shall not engage in acts prohibited by law or these Terms or contrary to public order and morals, and shall use commercially reasonable efforts to provide the Service continuously and reliably as set forth in these Terms.
• The Company shall maintain reasonable security measures to protect Member data and personal information used in connection with the Service.
• The Company shall address opinions or complaints raised by users that it determines to be justified.

Article 14 (Disclaimer of Warranties)

• THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
• TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
• THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ATTRIBUTION OR ANALYTICS DATA WILL BE ACCURATE OR COMPLETE.

Article 15 (Limitation of Liability)

• TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• THE COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY THE MEMBER TO THE COMPANY FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
• The limitations in this Article do not apply to (a) a party’s indemnification obligations under Article 16, (b) a party’s gross negligence or willful misconduct, or (c) a breach of confidentiality obligations, in each case to the extent such limitation is not permitted by applicable law.
• Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the limitations above may not apply to a Member to the extent prohibited by applicable law.

Article 16 (Indemnification)

• The Member shall indemnify, defend, and hold harmless the Company and its officers, employees, and agents from and against any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to:
  • the Member’s or its Users’ use of the Service in violation of these Terms or applicable law;
  • content or data submitted, transmitted, or made available through the Service by the Member or its Users; or
  • infringement of a third party’s rights caused by the Member’s or its Users’ use of the Service.
• The Company will notify the Member promptly of any claim subject to indemnification and provide reasonable cooperation, at the Member’s expense, in the defense of such claim.

Article 17 (Intellectual Property Rights)

• Copyrights and intellectual property rights in the Service belong to the Company.
• Users shall not, without the prior consent of the Company, use information to which the Company holds intellectual property rights, obtained through the use of the Service, for commercial purposes by reproduction, transmission, publication, distribution, broadcasting, or other means, nor allow third parties to do so.

Article 18 (Governing Law and Jurisdiction)

• These Terms, and any dispute arising out of or relating to these Terms or the Service, shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of laws principles.
• The parties irrevocably agree that the state and federal courts located in New Castle County, Delaware shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and each party consents to the personal jurisdiction of such courts and waives any objection to venue in such courts.
• EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.

Article 19 (Miscellaneous)

• Language. These Terms may be made available in Korean or other languages for convenience. In the event of any conflict or inconsistency between the English version and any translated version, the English version shall control.
• Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid and enforceable.
• Assignment. A Member may not assign or transfer these Terms, in whole or in part, without the Company’s prior written consent. The Company may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
• No Waiver. The Company’s failure to enforce any provision of these Terms shall not be deemed a waiver of that provision.
• Force Majeure. Neither party shall be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including natural disasters, acts of government, power or internet outages, or labor disputes.
• Notices. The Company may provide notices to Members through the Service, by email, or by posting on the Company’s website. Members should direct notices to the Company to the contact address designated within the Service.